Kerala High Court
Mathew Ben O.G. Jacob vs Joint Registrar Of Co-Operative ... on 16 November, 2023
Author: V Raja Vijayaraghavan
Bench: V Raja Vijayaraghavan
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
Thursday, the 16th day of November 2023 / 25th Karthika, 1945
WP(C) NO. 30229 OF 2023(C)
PETITIONER:
MATHEW BEN O.G. JACOB, PANAMTHOTTATHIL HOUSE, KOTTANGAL P.O.,
PATHANAMTHITTA DISTRICT, PIN - 686547
RESPONDENTS:
1. JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES, PATHANAMATHITTA, PIN -
689645
2. THE KOTTANGAL SERVICE CO-OPERATIVE BANK LTD. NO.3680, REPRESENTED BY
ITS SECRETARY, KOTTANGAL, CHUNKAPPARA P.O., PATHANAMATHITTA
DISTRICT, PIN - 686547
3. SECRETARY KOTTANGAL SERVICE CO-OPERATIVE BANK LTD. NO. 3860,
KOTTANGAL, CHUNKAPPARA P.O., PATHANAMATHITTA DISTRICT, PIN - 686547
4. THE MANAGING COMMITTEE OF THE KOTTANGAL SERVICE CO-OPERATIVE BANK
LTD. NO. 3860, REPRESENTED BY ITS PRESIDENT, KOTTANGAL, CHUNKAPPARA
P.O., PATHANAMATHITTA DISTRICT, PIN - 686547
5. KERALA STATE CO-OPERATIVE EMPLOYEES' PENSION BOARD REPRESENTED BY
ITS SECRETARY, KALA NIVAS, T.C NO.27/156, 157, NEAR AYURVEDA
COLLEGE KUNNUMPURAM, P.B. NO.85, THIRUVANANTHAPURAM, PIN - 695001
6. THE CO-OPERATIVE ARBITRATION COURT (SOUTHERN) KAITHAMUKKU, NEAR BSNL
EXCHANGE FORT P.O. THIRUVANANTHAPURAM, PIN - 695023
Writ petition (civil) praying inter alia that in the circumstances
stated in the affidavit filed along with the WP(C) the High Court be
pleased to direct respondents 3 and 4 to transfer the amount accumulated
in the contributory provident fund of the 2nd respondent Bank in respect
of the petitioner with its arrears and interest till date to the 5th
respondent, pending final disposal of the Writ Petition, in the interest
of justice.
This petition again coming on for orders upon perusing the petition
and the affidavit filed in support of WP(C) and this Court's order dated
25-10-2023 and upon hearing the arguments of M/S.SHAJI THOMAS, MOHAN
PULIKKAL & JEN JAISON, Advocates for the petitioner, SRI.T.P.PRADEEP,
STANDING COUNSEL for R2, R3 and R4 and of SRI.M.SASINDRAN, ADVOCATE for
R5, the court passed the following:
RAJA VIJAYARAGHAVAN V, J.
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W.P. (C) No.30229 of 2023
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Dated this the 16th day of November, 2023
ORDER
A counter affidavit has been filed by respondents 2 to 4 in which paragraph No.11 reads as thus:
A total amount of Rs.4,68,0028/- is accumulated in the Contributory Provident Fund of the petitioner and this amount can be transferred to the pension fund under the scheme. As per the decision of the committee on 22/6/2023, it was decided to direct the secretary in charge to take appropriate steps to transfer such amount. But it was not implemented due to the sudden retirement of the then president and secretary in charge.
2. In that view of the matter, as an interim measure, there will be a direction to the respondent concerned to transfer an amount of Rs.4,68,028/- accumulated in the Contributory Provident Fund of the petitioner to the pension fund, on receipt of the money within a period of two weeks. If the 5th respondent, after evaluating the records, finds that any further amount is due, the respondents 2 to 4 shall be intimated and they shall take necessary steps to pay the balance.
Sd/-
RAJA VIJAYARAGHAVAN V, JUDGE NS/16/11/2023 16-11-2023 /True Copy/ Assistant Registrar